logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.02.08 2016가단70594
약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is entitled to KRW 50 million against the Plaintiff (Counterclaim Defendant) and against this, from January 29, 2016 to February 8, 2017.

Reasons

1. On November 12, 2015, the Defendant prepared and sent to the Plaintiff a letter that the Plaintiff shall pay at any time KRW 100 million (hereinafter “each letter of this case”).

The plaintiff and the defendant have brought about the relationship between 2005 and 2014.

Although the Defendant filed a complaint against the Plaintiff in violation of the Punishment of Violences, etc. Act (joint conflict), on October 6, 2016, the part that “the Defendant was found not to have reached the degree of threat as to the law if the Defendant did not comply with the notarized promise, and alone with the Defendant’s assertion that it is insufficient to recognize a criminal intent against the suspected criminal facts,” and that “the part that “the Plaintiff and the Defendant were in a relationship with the Plaintiff and the Defendant, and the Defendant taken a dynamic image, such as the Plaintiff’s sexual intercourse, as the Plaintiff’s sexual intercourse,” the Defendant claimed a summary order of KRW 1 million under the name of defamation.

Although the Plaintiff filed a complaint against the Defendant under the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant was subject to a disposition of suspicion on February 11, 2016.

【Ground for Recognition: Each entry of Gap evidence 1, 2, Eul evidence 1 through 10 (including additional number, if any)

2. The parties' assertion

A. The plaintiff's assertion is in an internal relationship with the defendant for a period of eight years, and is prepared by the defendant each of the instant statements as the compensation and consolation money that actively attempted to carry on the defendant's business. The defendant is liable to pay 100 million won and delay damages to the plaintiff.

B. Each of the instant arguments by the Defendant is that the Plaintiff informed the family members of the fact that the Defendant was not guilty, and caused fear of sending the pictures taken by the body to the family members, and constitutes a declaration of intention by coercion.

Since the Plaintiff committed an offense against the Defendant, etc. after the written application of this case, the donation shall be rescinded in accordance with Article 556(1)1 of the Civil Act.

arrow